The key legal requirement for obtaining a plant patent is that the plant you have created must be one that is asexually reproduced, such as certain types of flowers. Plants that reproduce via the process of pollination, however, are considered sexually reproducing plants and may be protected under a separate law, known as the Plant Variety Protection Act.
Additional requirements for the plant patent are: that your created variety must be new and, that it must be distinctive. Meeting these three requirements is typically sufficient in order to be issued and file a plant patent.
Utility patents are another alternative for both asexually reproduced and sexually reproduced plants. For plant varieties as with other inventions, there is a stronger protection available in utility patents so it is not difficult to see why most people choose the utility patent option for patenting their plants. However, there is still a legacy form of protection for plants in the form of a plant patent which the Patent Office also issues throughout the year.